Obligations Of Social Media Influencers In The UAE: Compliance In A Digital World

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The UAE has established a robust regulatory framework for social media influencers, designed to protect both the influencers themselves and the public.

United Arab Emirates Media, Telecoms, IT, Entertainment

Introduction

The UAE has established a robust regulatory framework for social media influencers, designed to protect both the influencers themselves and the public. As the region's influencer marketing industry continues to grow, it's crucial for content creators to understand their legal obligations.

Here's an overview of the current rules and obligations influencers in the UAE must adhere to:

Influencer Licensing Requirements

Since 2018, social media influencers in the UAE who engage in paid promotions are required to obtain an Influencer License from the National Media Council (NMC). This applies to influencers who earn income through advertising or promoting products and services online. The license is valid for 12 months and costs approximately AED 11,900 in Dubai. In Abu Dhabi, influencers can register through TAMM, whereas in Dubai, they must go through the Dubai Creative Clusters Authority (DCCA) after registering their business with the Dubai Department of Economic Development (DED).

Content Accuracy and Transparency

Influencers are required to ensure that the content they share is accurate and not misleading. According to the UAE's Cybercrime Law (Federal Law No. 34 of 2021), spreading false information, defamation, or misleading content can result in legal action. Influencers must also clearly disclose sponsored content or partnerships to comply with advertising laws and avoid misleading their followers.

Data Protection and Privacy

Influencers must adhere to data protection laws and respect their followers' privacy by ensuring the secure handling of personal information. Using follower data inappropriately or without consent can result in penalties under the UAE's cybercrime and privacy regulations. It's crucial to obtain consent before sharing any private information or images of individuals.

Intellectual Property Rights Obligations for Influencers in UAE

Influencers must respect intellectual property (IP) rights by ensuring they do not use copyrighted material without permission. Violations of IP rights can lead to legal consequences, including fines and potential lawsuits. This includes the unauthorized use of photos, music, videos, or any other copyrighted content in their posts.

Anti-Discrimination and Cultural Sensitivity

The UAE's Federal Decree Law No. 2 of 2015 prohibits any actions that incite discrimination or religious hatred. Influencers must avoid content that could be perceived as offensive or discriminatory based on religion, race, gender, or nationality. Additionally, respect for local customs, traditions, and cultural norms is critical when creating and sharing content, especially considering the UAE's diverse population

Cybercrime and National Security

Engaging in cybercrime, such as hacking, phishing, or defamation, is strictly prohibited under the UAE Cybercrime Law. Influencers must avoid sharing false information or or content that could threaten national security or cause public panic. Penalties for such violations can be severe, including hefty fines and imprisonment.

Consequences of Non-Compliance

Failure to comply with the UAE's influencer regulations can lead to significant penalties:

Fines: Up to AED 10,000 for working without an influencer license.
Suspension of Activities: The National Media Council may suspend an influencer's activities if they operate without the necessary license.
Legal Action: Continued violations, such as posting defamatory or harmful content, could result in additional fines, imprisonment, or lawsuits.

Best Practices for Influencers in the UAE

To avoid legal issues, influencers should:

Disclose all paid promotions clearly and follow truth-in-advertising guidelines.
Secure a trade license and influencer license if engaging in commercial promotions.
Respect privacy and intellectual property rights when sharing content.
Familiarize themselves with local customs and legal requirements to ensure their content aligns with UAE laws.
Seek legal advice if unsure about any aspects of content creation and promotional activities.

Conclusion to Influencers in the UAE

As the influencer industry grows, so does the responsibility to create content that complies with the UAE's legal framework. Staying informed about licensing requirements, content accuracy, privacy, and intellectual property can help influencers avoid penalties and build a trusted, sustainable presence in the region.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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